Luis v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-419 | 11th Cir. | Nov 10, 2015 | May 1, 2025 | 5-3 | Breyer | OT 2015 |
Holding: The pretrial freeze of a criminal defendant's legitimate, untainted assets violates the Sixth Amendment right to counsel of choice.
Judgment: Vacated and remanded, 5-3, in an opinion by Justice Breyer on May 1, 2025. Justice Thomas filed an opinion concurring in the judgment. Justice Kennedy filed a dissenting opinion, in which Justice Alito joined. Justice Kagan filed a dissenting opinion.
SCOTUSblog Coverage
- Opinion analysis: Pretrial freeze of untainted assets violates the Sixth Amendment right to counsel of choice (Amy Howe, March 31, 2016)
- Argument analysis: Looking for limits on frozen assets (Amy Howe, November 11, 2015)
- Argument preview: Court to consider restraint of untainted assets needed to pay attorney (Amy Howe, November 10, 2015)
- Criminal law grants for the October Term 2015 (Rory Little, July 23, 2015)
- Petition of the day (Maureen Johnston, April 4, 2015)
| Date | Proceedings and Orders |
|---|---|
| 10/07/2014 | Petition for a writ of certiorari filed. (Response due November 10, 2014) |
| 10/16/2014 | Waiver of right of respondent United States to respond filed. |
| 10/20/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party received from counsel for the petitioner. |
| 10/22/2014 | DISTRIBUTED for Conference of November 7, 2014. |
| 10/28/2014 | Response Requested . (Due November 28, 2014) |
| 11/18/2014 | Order extending time to file response to petition to and including December 29, 2014. |
| 11/26/2014 | Brief amici curiae of U.S. Justice Foundation, et al. filed. |
| 11/28/2014 | Brief amici curiae of Associations of Criminal Defense Attorneys filed. |
| 12/23/2014 | Order further extending time to file response to petition to and including February 27, 2015. |
| 02/18/2015 | Order further extending time to file response to petition to and including March 30, 2015. |
| 03/30/2015 | Brief of respondent United States in opposition filed. |
| 04/15/2015 | DISTRIBUTED for Conference of May 1, 2015. |
| 04/16/2015 | Reply of petitioner Sila Luis filed. (Distributed) |
| 05/01/2015 | Rescheduled. |
| 05/04/2015 | DISTRIBUTED for Conference of May 14, 2015. |
| 05/18/2015 | DISTRIBUTED for Conference of May 21, 2015. |
| 05/26/2015 | DISTRIBUTED for Conference of May 28, 2015. |
| 06/01/2015 | DISTRIBUTED for Conference of June 4, 2015. |
| 06/08/2015 | Petition GRANTED. |
| 06/15/2015 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 18, 2015. |
| 06/15/2015 | The time to file respondent's brief on the merits is extended to and including September 30, 2015. |
| 08/04/2015 | Consent to the filing of amicus curiae briefs in support of either party, or of neither party, received from counsel for the petitioner. |
| 08/18/2015 | Joint appendix filed. (Statement of costs filed) |
| 08/18/2015 | Brief of petitioner Sila Luis filed. |
| 08/25/2015 | Brief amici curiae of United States Justice Foundation, et al. filed. |
| 08/25/2015 | Brief amici curiae of Cato Institute and the DKT Liberty Project filed. |
| 08/25/2015 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. |
| 08/25/2015 | Brief amicus curiae of Americans for Forfeiture Reform filed. |
| 08/25/2015 | Brief amicus curiae of New York Council of Defense Lawyers filed. |
| 08/25/2015 | Brief amicus curiae of American Bar Association filed. |
| 08/25/2015 | Brief amicus curiae of Rutherford Institute filed. |
| 09/09/2015 | SET FOR ARGUMENT on Tuesday, November 10, 2015 |
| 09/10/2015 | Record requested from the U.S.C.A. 11th Circuit. |
| 09/21/2015 | Record received from the U.S.D.C. Southern District of Florida is electronic and located on PACER, with the exception of one SEALED Document. (1 envelope) |
| 09/22/2015 | The record from the U.S.C.A. 11th Circuit is electronic and located on PACER. |
| 09/30/2015 | Brief of respondent United States filed. |
| 10/02/2015 | CIRCULATED |
| 10/07/2015 | Brief amici curiae of National Association of State Legislators, et al. filed. (Distributed) |
| 10/09/2015 | Motion of Americans for Forfeiture Reform out-of-time for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 10/29/2015 | Reply of petitioner Sila Luis filed. (Distributed) |
| 10/30/2015 | Motion of Americans for Forfeiture Reform out-of-time for leave to participate in oral argument as amicus curiae and for divided argument DENIED. |
| 11/10/2015 | Argued. For petitioner: Howard Srebnick, Miami, Fla. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. |
| 03/30/2016 | Judgment VACATED and case REMANDED. Breyer, J., announced the judgment of the Court and delivered an opinion, in which Roberts, C. J., and Ginsburg and Sotomayor, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Kennedy, J., filed a dissenting opinion, in which Alito, J., joined. Kagan, J., filed a dissenting opinion. |
| 05/02/2016 | JUDGMENT ISSUED |
| 07/26/2016 | Records from U.S.D.C. Southern Dist. of Florida has been returned. |